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HomeMy WebLinkAboutCT 99-03; Villages of La Costa Greens; Tentative Map (CT) (8)RECORDED AT THE REQUEST OF CHICAGO TITLE COMPANY SUBDIVISION DEPT. Recording Requested By: When Recorded Mail To: Luce, Forward, Hamilton & Scripps LLP 600 W. Broadway, Suite 2600 San Diego, CA 92101 Attn: Nancy T. Scull, Esq. 21155 fDOC JUN 02 2004-0512841 2OO4 1 = 59 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY J. SHITH, COUNTY RECORDER FEES: 351.00 WAY: 2 This Space for Recorder's Use Only DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR LA COSTA GREENS SECTION 15.4 OF THIS DECLARATION CONTAINS BINDING ARBITRATION PROVISIONS IN ACCORDANCE WITH THE FEDERAL ARBITRATION ACT AND A WAIVER OF THE CONSTITUTIONAL RIGHT TO A JURY. La Costa Greens CC&Rs 27817-13/1753225.11 6/1/04 21239 only and shall not be a Community Board member or have any right to vote on matters coming before the Community Board. ARTICLE 12 SUPPLEMENTARY DECLARATIONS In certain situations, the Declarant may record Supplementary Declarations to impose additional covenants on portions of the Covered Property or to make technical or minor correction to this Declaration or the other Governing Documents. Declarant may also de-annex some of the property already covered by this Declaration. That process is also covered in this Article. 12.1 Covenants Running with the Land. Declarant may transfer all or any portion of the Covered Property or the Additional Property to a builder under a grant deed wherein Declarant reserves the right to annex such property and subject it to this Declaration. The restriction on the Additional Property wherein it may be made subject to this Declaration upon the recordation of a Supplementary Declaration is hereby declared to be an equitable servitude upon the Additional Property in favor of the Covered Property and shall run with the land and be binding on and inure to the benefit of all parties having or acquiring any right, title or interest, in such Additional Property. 12.2 Supplementary Declarations. Supplementary Declarations may be recorded by Declarant with respect to a Phase, which may further delineate any Community Association Property, Common Maintenance Area or Special Benefit Area or Special Benefit Maintenance Areas within such Phase or contain complementary additions and modifications as provided in this Section 12.2 or make minor or technical corrections to this Declaration. If the signature or consent of any Merchant Builder which owns any portion of the Covered Property subject to a Supplementary Declaration is required, such Merchant Builder shall execute and consent to any such Supplementary Declaration. 12.3 Mergers or Consolidations. Upon a merger or consolidation of the Community Association with another association, the Community Association's properties, rights and obligations may, by operation of law, be transferred to the surviving or consolidated association, or, alternatively, the properties, right and obligations of another association may, by operation of law, be added to the properties, rights and obligations of the Community Association as a surviving corporation pursuant to a merger. The surviving or consolidated association may administer the covenants, conditions and restrictions established by this Declaration within the La Costa Greens Community, together with the covenants and restrictions established upon any other property as one plan. 12.4 De-Annexation. Declarant may delete all or any portion of the Covered Property from the coverage of this Declaration or any Supplementary Declaration, provided Declarant and/or a Merchant Builder are the sole Owner(s) of all of the real property to be deleted and, with respect to the Phase in which such Covered Property is located, no Lot has been conveyed to a member of the homebuying public, no Community Association Property has been conveyed to the Community Association and no Community Assessments have commenced; provided, La Costa Greens CC&Rs 27817-13/1753225.11 21240 however, that the consent of any Merchant Builder which owns any portion of the real property affected by such deletion and the consent of the City shall be required. Such deletion shall be effective upon the.recordation of a "Notice of Deletion of Territory," or other instrument signed by Declarant and consented to by any applicable Merchant Builder. Prior to annexation, Declarant may also, upon recordation of a Supplementary Declaration, delete any portion of the Additional Property by so designating such portion of land to be excluded from the Additional Property in a Supplementary Declaration. ARTICLE 13 RIGHTS OF LENDERS The various lenders at the La Costa Greens Community may also require special rights. This Article contains provisions for the benefit of many of the lenders. 13.1 Payments of Taxes or Premiums by First Mortgagees. First Mortgagees may, jointly or severally, pay taxes or other charges which are in default and which may or have become a charge against the Community Association Property, unless the taxes or charges are separately assessed against the Owners, in which case, the rights of First Mortgagees shall be governed by the provisions of their Mortgages. First Mortgagees may, jointly or severally, also pay overdue premiums on casualty insurance policies, or secure a new casualty insurance coverage on the lapse of a policy for the Community Association Property from the Owner; First Mortgagees making such payments shall be owed immediate reimbursement from the Community Association. Entitlement to reimbursement shall be reflected in an agreement in favor of any First Mortgagee who requests the same to be executed by the Community Association. 13.2 Priority of Lien of Mortgagee. No breach of the covenants, conditions or restrictions in the Declaration shall affect, impair, defeat or render invalid the lien or charge of any First Mortgage made in good faith and for value encumbering any Lot, but all of the covenants, conditions and restrictions shall be binding upon and effective against any Owner whose title to a Lot is derived through foreclosure or trustee's sale, or otherwise. 13.3 Curing Defaults. A First Mortgagee who acquires title by judicial foreclosure, deed in lieu of foreclosure or trustee's sale shall not be obligated to cure any breach of the provisions of this Declaration which is non-curable or of a type which is not practical or feasible to cure. The determination of the Community Board made in good faith as to whether a breach is non-curable or not feasible to cure shall be final and binding on Mortgagees. 13.4 Approval of First Mortgagees. Except as provided by statute in case of condemnation or substantial loss to the Lots or Community Association Property, unless the Mortgagees of First Mortgages encumbering sixty-seven percent (67%) or more of the Lots which are subject to a Mortgage or Owners representing sixty-seven percent (67%) of the Voting Power of the Community Association (excluding the vote of Declarant) have given their prior written approval, the Community Association shall not: La Costa Greens CC&Rs 27817-13/1753225.11 21257 EXHIBIT "A" Covered Property Subject to this Declaration LOTS 2 THROUGH 4 INCLUSIVE, 6 AND 7, 16 THROUGH 18 INCLUSIVE, 21, 22, 24, 26, 27, 29, 31, 34, 36, 38, 39, 41, 44, 46, 47, 48 AND 49 OF CITY OF CARLSBAD TRACT NO. 99-03 VILLAGES OF LA COSTA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 14543, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY ON FEBRUARY 12, 2003. LOTS 1 THROUGH 82 INCLUSIVE, OF CARLSBAD TRACT 02-23, LA COSTA GREENS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 14803 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 27, 2004. LOTS 1 THROUGH 75 INCLUSIVE, OF CARLSBAD TRACT 02-22, LA COSTA GREENS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 14804 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 27, 2004. LOTS 1 THROUGH 64 INCLUSIVE, OF CARLSBAD TRACT 02-20, LA COSTA GREENS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 14805 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 27, 2004. LOTS 1 THROUGH 36 INCLUSIVE, OF CARLSBAD TRACT 02-21, LA COSTA GREENS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 14806 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 27, 2004. LOTS 1 THROUGH 129 INCLUSIVE, OF CARLSBAD TRACT 02-24, LA COSTA GREENS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 14807 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 27, 2004. La Costa Greens CC&Rs 27817-13/1753225.11 EXHIBIT "A"